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<br />e. The following requirements apply to the insurancc to be provided by Consultant
<br />pursuant to tbis section:
<br />
<br />(i) Consultant shall maintain all insurance required above in full forcc and
<br />effect for the entire period covered by this Agreement.
<br />(ii) Certificate, or insurance shall be furnished to the City upon exccution of
<br />this Agreement and shall be approved in form by the City I,egal CounseL
<br />(iii) Certificates and policies shall stare that the policies shall not be canceled
<br />or reduced in covcrage or changed in any other material aspect without
<br />thirty (30) days prior written notice to the City.
<br />
<br />f IfConsultanL rails or reruses to produce or maintain the insurance requircd by this
<br />,eclion or lails or refuses to fumish the City with requircd proof that insurance has been procured
<br />and is in force and paid for, the City shall have the right, at the City's election, to forthwith
<br />terminate this Agrcemcnt. Such termination shall not effeet Consultant', right to be paid for its
<br />time and materials expended prior to notilication oftermination. Consultant waives the right to
<br />receive compensation and agrees to indemnify the City for any work performed prior to approval
<br />of insurance.
<br />
<br />6. INDEMNIFICATION
<br />
<br />Consultant agrees to and ,hall indemniry and hold hal1uless the City, its officers, agents,
<br />employees, consultants, special counsel, and representatives from liability: (I) for personal
<br />injnry, damages, just compensation, restitution, judicial or equitablc rclicf arising out of claims
<br />for personal injury, including hcalth, and claims for property damage, which may arise from the
<br />direct or indircct operations of the Consultant or its contractors, snbcontractors, agent"
<br />employees, or other persons acting on their behalf which relates to the serviees described in
<br />section I oflhi, Agreement; and (2) from any claim that personal injury, damages, just
<br />compensation, restitution, judicial or eqnitable relief is due by reason of the terms of or effects
<br />arising from this Agreement. This indemnity and hold harmlcss agrecmcnt applies to all claims
<br />for damagcs, just compensation, restitution, judicial or equitable relief suffered, or alleged to
<br />have heen suffered, by reason of the events referred lo in thi, Section or by reason ol'the terms
<br />of, or errects, ari,ing Ii-om this Agreement. The Consultant fllliher agrees to indemnify, hold
<br />harmless, and pay all costs for the defense ofthe City, including fees and costs for special
<br />counsel to be selected by the City, regarding any action by a third party challenging the validity
<br />of this Agrccment, or asscrting that personal injury, damages,jnst compensation, restitution,
<br />judicial or equitable relief due to personal or property rights arises by rea,on of the terrns ot or
<br />effects arising from this Agreement. City may make all reasonable decisions with respect to its
<br />repre'entatlOn in any legal proceeding.
<br />
<br />7. CONFIDENTIALITY
<br />
<br />If Consultant receives from the City inlorrnation which due to the nature of such
<br />in[ormation IS reasonably understood to be confidential and/or proprietary, Consultant agrees
<br />that it shall not use or disclose such information except in the pcrformance of this Agreement,
<br />and further agrees to exercise the same degree of care it uses to protect its own information of
<br />
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